Understanding whether Arizona allows open carry requires navigating a patchwork of state statutes and local ordinances. The short answer is yes, Arizona generally permits open carry for individuals who are legally allowed to possess firearms. However, this permissive stance comes with specific restrictions and nuances that every resident and visitor must understand to remain compliant with the law.
The Legal Framework for Open Carry in Arizona
Arizona Revised Statutes § 13-3109 forms the backbone of the state's permissive open carry law. This statute explicitly states that a person who is not prohibited from possessing a firearm under state or federal law may carry a visible weapon on their person without a permit. The key phrase here is "not prohibited," which creates the first layer of complexity. Unlike states that require a permit just to carry openly, Arizona only regulates who can *not* carry, rather than who can.
Prohibited Persons and Restricted Locations
While the state allows open carry, federal law and Arizona state law define specific categories of individuals who are forbidden from possessing firearms, let alone carrying them openly. These categories typically include convicted felons, individuals adjudicated as mentally defective, and those under domestic violence restraining orders. Furthermore, certain locations carry their own prohibitions regardless of the state’s permissive stance. This includes government buildings, airports, schools, and establishments that primarily serve alcohol, provided the firearm is not securely locked in a vehicle.
The Difference Between Open Carry and Constitutional Carry
It is essential to distinguish open carry from "constitutional carry" or permitless carry. Arizona is a constitutional carry state, which means that a permit is not required to carry a concealed firearm. However, this is a separate issue from open carry. While you do not need a permit to open carry, you must still ensure you are not carrying in a prohibited location and that you are not a prohibited person. The absence of a permit requirement for concealed carry does not automatically grant a free pass to openly display a weapon in every scenario.
Local Jurisdiction and Preemption Laws
A critical factor for anyone considering open carry in Arizona is the state’s strong preemption law regarding firearms. Arizona law generally prohibits cities and counties from enacting their own firearm regulations that are stricter than state law. This means a city like Tucson or Phoenix cannot ban open carry if the state allows it. However, this does not mean local laws are irrelevant. Local ordinances can still regulate the manner of carry, such as brandishing or reckless endangerment. If a local law conflicts with state law, state law typically prevails, but it is vital to verify that no local quirks exist in your specific area.
